Sexual Misconduct that Occurs During Spring Break: Does Title IX Apply?
Title IX applies to colleges and universities regardless of the occasion and time of year. But does it still apply when you are on spring break?
Spring break is supposed to be a relaxing and decompressing time following a semester of anxiety or stress as you complete coursework. However, a night of fun can become a nightmare when a student is accused of sexual assault. If you are in this situation, you need a Title IX defense lawyer to help you understand what you are going through and your options. Your attorney will ensure your rights are protected throughout the Title IX process.
What Title IX Covers
A lot of students in colleges and universities can return from their spring break facing accusations of violating Title IX. This federal law covers school-related programs including activities that take place off-campus. Although the application of the law does not have jurisdictional limits, Title IX applies to all programs sponsored by colleges in the U. S. like off-campus Greek activities and sporting events.
Under Title IX students get some protections when accused of violating the law. The regulations offer support for survivors like having the legal right to file a complaint, to avoid retaliation, and seek supporting measures to ensure their safety during the Title proceedings. Similarly, accused students are also afforded the right to choose an advisor, get proper notice of accusations, and have a hearing where their adviser can cross-examine witnesses. Today, hearings can be conducted remotely, reducing the anxiety for both parties.
Does Title IX Apply to Spring Break?
Unless the sexual assault took place at a college-sponsored event, Title IX doesn’t apply to spring break. This is the case even if the involved students go to the same college. In these situations, the school applies its student code of conduct when making determinations and decisions. Unfortunately, accused students may not be given full rights in these proceedings. Some codes of conduct don’t let the accused have a hearing, compel them to choose a college-affiliated adviser, and prohibit them from cross-examining witnesses or evidence. The accused does not get the same procedural protections they could get under the Title IX policy.
If you want to make the most of your spring break, you must be careful, responsible, and mindful. You should not get too drunk and get consent when you hook up. The last thing you want is to return to school as a subject of a disciplinary proceeding.
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